ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY RECENT DEVELOPMENTS ON ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING.

RECENT DEVELOPMENTS ON ACCESS TO GENETIC RESOURCES ACCESS TO GENETIC RESOURCES

AND BENEFIT-SHARINGAND BENEFIT-SHARING

UNDER THE CONVENTION ON BIOLOGICAL DIVERSITYUNDER THE CONVENTION ON BIOLOGICAL DIVERSITY

byJohn Scott

Secretariat of the Convention on Biological Diversity

Outline

1. ABS provisions of the Convention

2. Major ABS developments • COP VI - Bonn Guidelines• WSSD• COP VII - International Regime• COP VIII

3. Outlook

Provisions of the CBD

Objectives:• Conservation of biological diversity• Sustainable use of its components • Fair and equitable sharing of the benefits

arising out of the utilization of genetic resources

Provisions of the CBD

Article 15 of the CBD• Sovereign rights of States over natural resources• Parties to facilitate access to genetic resources• Access subject to prior informed consent and

granted on mutually agreed terms• Parties to take measures to share benefits from

the utilization of genetic resources, on MAT

Overview of developments

• COP IV established an expert group on ABS (1998)• COP-V established Open-ended Working Group on

ABS (2000)• COP-VI Bonn Guidelines on Access to Genetic

Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization (2002)

• COP-VII negotiation of an international regime on ABS (2004)

Bonn Guidelines

Voluntary guidelines to assist Governments and stakeholders:Establishing legislative, administrative

or policy measures on access and benefit-sharing

Negotiating contractual arrangements for access and benefit-sharing

Development at WSSD

WSSD Plan of Implementation:• Par. 44(o) calls for action to “negotiate

within the framework of the Convention on Biological Diversity, bearing in mind the Bonn Guidelines, an international regime to promote and safeguard the fair and equitable sharing of benefits arising out of the utilization of genetic resources.”

COP 7 – February 2004

International Regime (decision VII/19D)Mandate: Working Group on ABS with

collaboration of the Working Group on 8(j) to negotiate an international regime on access and benefit-sharing with the aim of adopting an instrument/instruments to implement the provisions in Articles 15 and 8(j) and the three objectives of the Convention (par. 1 of decision VII/19D)

COP 7 – February 2004

Terms of Reference of WG-ABS (decision VII/19D, Annex)• Process

Based on a gap analysis• Nature

one or more instruments legally-binding or non-binding

• Scope Access to genetic resources and sharing of benefits Traditional Knowledge in accordance with Article 8(j)

• Elements Consider list of possible elements for inclusion in the regime

listed in decision VII/19D, Annex, including existing instruments and processes

COP 7 – February 2004

Terms of Reference of WG-ABS (decision VII/19D, Annex)• Main issues covered by elements in annex to decision VII/19D

- Measures to ensure benefit-sharing (i),(ii), (iii), (v), (vi),(xiii),(xiv),

- Measure to facilitate access (iv)- Measures to ensure compliance with PIC and MAT (ix), (x),

(xi)- Protection of traditional knowledge (xv), (xvi), (xviii)- Compliance mechanisms (xx), (xxi)- Measures to facilitate implementation of the regime (viii),

(xix), (xxii)- Others (vii), (xii), (xxiii)

COP 7 – February 2004Specific references to traditional knowledge in the list of elements

for consideration (decision VII/19D, Annex):• Recognition and protection of the rights of indigenous and

local communities over their traditional knowledge associated to genetic resources subject to the national legislation of the countries where these communities are located (xv)

• Customary law and traditional cultural practices of ILCs (xvi)• Code of ethics/Code of conduct/Models of prior informed

consent or other instruments in order to ensure fair and equitable sharing of benefits with ILCs (xviii)

COP 8 developments

Decision VIII/4 AMandate of the Working Group on ABS renewed• Two meetings prior to COP 9

• 8-12 October 2007• 21-25 January 2008

• WG-ABS to complete its work before COP 10• Designation of co-chairs

• Tim Hodges (Canada)• Fernando Casas (Colombia)

COP 8 developments Decision VIII/4C Establishment of Group of Technical Experts on an internationally recognised certificate of origin/source/legal provenance (Lima, Peru, 22- 25 January 2007) to:• Consider the possible rationale, objectives and the need for

an internationally recognised certificate of origin/source/legal provenance

• Define the potential characteristics and features of such an internationally recognised certificate

• Analyse the distinction between the options of certificate of origin/source/legal provenance and implications for achieving the objectives of Article 15 and 8(j)

• Identify associated implementation challenges

COP 8 developmentsDecision VIII/5C. Collaboration of WG 8(j) and WG-ABS• WG8(j) to provide views on elaboration and negotiation of regime on ABS

relevant to TK – views to be compiled and made available to WG-ABS• WG8(j)-5 to be held back-to back with WGABS-5

Timeline: 5th WG ABS 8-12 October 2007

5th WG 8(j) 15-19 October 2007• ES is requested to provide administrative support to ILC reps through practical

measures e.g.: availability of rooms, access to documentation, photocopying etc subject to availability of funds

• Parties and Gvts to increase participation of ILCs on national delegations• Parties to facilitate participation of ILCs in preparatory processes for both

meetings of WG on ABS and WG on 8(j)• Chairpersons invited to facilitate the effective participation of ILC reps and to

consult them on issues related to TK, in proceedings related to the elaboration of an international regime on ABS

Outlook

Group of Technical Experts, Lima, Peru, 22-25 January 2007 Working Group on ABS

- 5th meeting: 8-12 October 2007- 6th meeting: 21-25 January 2008Working Group on Article 8(j)

- 5th meeting: 15-19 October 2007COP 9

Bonn, Germany, 19-30 May 2008

Thank you for your attention!